Irish Government: Human Rights

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 9 January (WA 231) concerning the attitude by the Government of the Republic of Ireland to human rights, what is meant by "to give further effect to the convention of Irish Law".

Lord Williams of Mostyn: "To give further effect to the convention of Irish law" means "to give legislative effect to the convention of Irish law".
	I would recommend that if the noble Lord has any further Questions on this subject they should be addressed directly to the Department of Foreign Affairs, Iveagh House, St Stephens Green, Dublin 2.

Republic of Ireland: Employment Equality Act 1998 and Equal Status Act 2000

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 21 January (WA 85) concerning the Employment Equality Act 1998 and the Equal Status Act 2000, what information about each employee is recorded.

Lord Williams of Mostyn: I refer the noble Lord to the Written Answer given on 9 December 2002 (Official Report, WA 1).
	Both the Employment Equality Act 1998 and the Equal Status Act 2000 are southern legislation. Neither Act requires employers to record information on each employee.

Armagh City and District: Primary Schools

Lord Kilclooney: asked Her Majesty's Government:
	What is the enrolment in each primary school in the local authority areas of Armagh City and District; and what were the equivalent enrolments at each primary school five years ago.

Lord Williams of Mostyn: The information requested is as follows:
	
		
			 School Name Enrolment 1997–98 Enrolment 2002–03 
			 Foley County PS 106 114 
			 Collone PS 58 39 
			 Aghavilly PS 74 76 
			 Mullavilly PS 100 103 
			 Annaghmore PS 86 72 
			 Hardy Memorial PS 457 431 
			 Armstrong PS 338 305 
			 Tandragee PS 330 306 
			 Drumsallen PS 64 67 
			 Darkley PS 156 107 
			 Killylea PS 66 49 
			 Clare PS 78 81 
			 Tullyroan PS 46 40 
			 Lisnadill PS 106 93 
			 Derryhale PS 55 63 
			 Mountnorris PS 91 83 
			 Moy Regional PS 65 54 
			 Drumhillery PS 52 68 
			 Keady PS 45 37 
			 Poyntzpass PS 67 80 
			 The Cope PS 155 157 
			 Hamiltonsbawn PS 126 134 
			 Markethill PS 251 243 
			 St John's Eglish(1) PS 40 45 
			 Clea PS 53 66 
			 Christian Brothers' PS 381 330 
			 Mount St Catherine's PS 338 218 
			 St Malachy's PS 210 200 
			 St Mochua's PS 109 115 
			 St Joseph's PS, Armagh 138 117 
			 Our Lady's PS, Keady 25 15 
			 St Colmcille's PS 44 46 
			 St Michael's PS 50 54 
			 St James' PS, Markethill 68 44 
			 St Joseph's PS, Poyntzpass 76 75 
			 St Mary's PS 111 123 
			 St James's PS, Tandragee 38 26 
			 St Patrick's PS 520 445 
			 St Jarlath's PS 131 147 
			 St Oliver Plunkett PS 102 107 
			 St Peter's PS 36 94 
			 Our Lady's PS, Dungannon 125 123 
			 St Francis of Assisi PS n/a 239 
			 St Johns PS, Middletown n/a 119 
			 The Drelincourt Infants School 33 18 
			 Saints & Scholars Integrated PS 168 196 
			 Royal School Preparatory Department 52 58

Armagh City and District: Primary Schools

Lord Kilclooney: asked Her Majesty's Government:
	How many of the pupils at the Saints and Scholars Primary School at Armagh City are designated as (a) Protestant; (b) Roman Catholic; and (c) other.

Lord Williams of Mostyn: The information requested is as follows.
	
		
			  Current enrolment Number of Protestant pupils Number of Roman Catholic pupils Number of pupils designated "other" 
			 Nursery 27 8 14 5 
			 Primary (Year 1–7) 196 68 98 30

Police Service of Northern Ireland: Band

Lord Kilclooney: asked Her Majesty's Government:
	On what dates did the Chief Constable announce the disbandment of the Police Service of Northern Ireland band; what is the reason for this decision; what is the projected financial saving as a result of this decision; and how many police officers this decision will release for other policing duties; and
	What contribution the Police Service of Northern Ireland band made to community relations in Northern Ireland; where the band was performing on 16 December 2002; what proposals there are for the disposal of the band instruments; and how the decision to disband has been received in Northern Ireland.

Lord Williams of Mostyn: The Chief Constable announced the standing down of the PSNI band on 16 December 2002. One of the key factors considered in reaching this decision was the release of 40 officers back to policing duties across Northern Ireland.
	Financial restraints was another factor: the current operating costs of the band averages £10,000 per engagement with the band performing at approximately 150 engagements per year. The projected financial savings as a result of this decision will be £1,677,522 which reflects the total cost of the band and operating costs of £130,000. These costs which are currently met from the overall police budget will now be utilised for other frontline policing functions.
	While the PSNI band has responded to requests from all sections of the many communities that make up society in Northern Ireland, approximately 90 per cent of performances undertaken were as a result of invitations from the Protestant community. On 16 December 2002 the band performed in a primary school in Belfast followed by an event in Belfast city centre.
	Representations have been made by several individuals and groups regarding the decision to stand down the band, and inquiries have been made from existing and retired police officers regarding the formation of an association to enable a voluntary band to be established. Should this occur I understand that the PSNI will make available to it the instruments and other equipment associated with the former band and provide some finance.

Northern Ireland Railway Heritage

Lord Shutt of Greetland: asked Her Majesty's Government:
	Further to the Written Answers by the Lord Privy Seal on 17 December 2002 (WA 100) and 13 January (WA 5) concerning Northern Ireland railway heritage, whether they see an opportunity for a new cross-border body to assist in the preservation of these artefacts and railway restoration in co-operation with the relevant local authorities and the volunteer enthusiasts of the Foyle Valley Railway Society (Northern Ireland), the County Donegal Railway Restoration Society and Cumann Traenach na Gaeltach Lair.

Lord Williams of Mostyn: The Government have no plans to create a new cross-border body of the type mentioned, and the restoration and preservation of the artefacts at the Foyle Valley Railway Museum is, in the first instance, a matter for their respective owners. However, that does not prevent those involved with railway heritage on both sides of the border co-operating where there is a practical benefit to all parties.

Northern Ireland Ambulance Service

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 4 February (WA 29), why response times for the Northern Ireland Ambulance Service are different from those in the rest of the United Kingdom; and for how long this position has lasted.

Lord Williams of Mostyn: Ambulance service response time targets differ in Northern Ireland because NIAS does not currently have an appropriate methodology to support the disaggregation of emergency calls into the categories used by other UK ambulance services. However, NIAS is currently piloting a medical priority despatch system which will allow the adoption of GB targets. Once the pilot is evaluated, NIAS will seek to roll out the system across Northern Ireland as soon as possible.
	The requirement for UK ambulance services to meet their current response time targets was introduced by the Department of Health from April 2001.

Northern Ireland Railways: Enterprise Service

Lord Laird: asked Her Majesty's Government:
	What steps Northern Ireland Railways are proposing to take to improve the punctuality of the Enterprise train service between Belfast and Dublin.

Lord Williams of Mostyn: Northern Ireland Railways advise that they continue to meet Iarnrod Eireann to resolve engineering issues that are impacting on punctuality of the Enterprise Service. Engineers have closely examined the performance of the locomotives over a two and a half year period. On the basis of this assessment Northern Ireland Railways and Iarnrod Eireann have agreed jointly to approach the suppliers of the locomotives with a view to having this unacceptable performance addressed.
	Work continues on the track to make good deficiencies which cause temporary speed restrictions to be introduced. At present there are three such restrictions on the Northern Ireland section of the Belfast to Dublin line.
	The volume of rail traffic on the approaches to Connolly Station in Dublin continues to cause delays for the Enterprise Service. Northern Ireland Railways are continuing to make representations to Iarnrod Eireann about this problem.

British Detainees held at Guantanamo and Bagram

Lord Hylton: asked Her Majesty's Government:
	(a) why, more than a year after the end of major fighting, the nine British citizens held at Guantanamo (Cuba) and Bagram (Afghanistan) have not been either charged or released;
	(b) whether their future depends solely on the United States Government;
	(c) if so, why; and
	(d) whether it was correctly reported in some editions of The Times of 3 February that British officials warned the men that there is little that Her Majesty's Government can do to secure their release, despite their having answered intelligence questions.

Baroness Amos: The US has said that the detainees are enemy combatants captured in a continuing armed conflict and held in that capacity by the US military authorities. The question of the status of the detainees at Guantanamo Bay under international humanitarian law has to be considered in the light of the facts relating to each individual detainee.
	We remain in regular contact with the United States, at both ministerial and official level, about the situation of the detainees. My right honourable friend the Foreign Secretary has raised the issue several times with US Secretary of State Colin Powell, most recently on 23 January. We have been encouraging the US to move forward with the process of determining the future of the British detainees. We shall continue to do so.
	The discussions between British officials and the detainees are confidential as they contain personal information about the detainees. I am withholding further details of the visits by British officials to the detainees at Guantanamo Bay under exemption 1a of the Code of Practice on Access to Government Information, (information whose disclosure would harm national security or defence).

Iran: Human Rights

Lord Hylton: asked Her Majesty's Government:
	Whether they will discuss with the Foreign Minister of Iran, when he visits London, human rights abuses, punishments, the treatment of religious and ethnic minorities and restrictions on free expressions of opinion in that country.

Baroness Amos: My right honourable friend the Foreign Secretary discussed the human rights situation in Iran with Foreign Minister Kharrazi on 6 February. He raised in particular treatment of religious minorities.

Freedom of Information

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What is their current freedom of information policy and practice regarding the publication of legally privileged advice to government where such advice was given more than 30 years ago and concerns matters of legitimate public interest.

Baroness Scotland of Asthal: The current policy and criteria for extended closure or retention by a department of records more than 30 years old was set out in Chapter 9 and Annex C of the White Paper Open Government (CM 2290) in 1993. Records containing such advice are reviewed on their merits, and extended closure or retention is only sought where the information contained in the advice is, in itself, sensitive. In other cases the records are opened when they are 30 years old. This is in accordance with the provisions of the Public Records Acts 1958 and 1967.
	When the right of access under Section 1 of the Freedom of Information Act comes into force in January 2005, it will not be possible for information to be exempt from disclosure on grounds of legal professional privilege unless the public interest in maintaining the exemption outweighs that of disclosing the information. Furthermore, from then, information cannot be exempt from disclosure on grounds of legal professional privilege if it is contained in an historical record, (broadly speaking those which are more than 30 years old). However, other exemptions from the right of access may continue to apply depending on the content of the advice.

Legal Aid: Asylum Cases

Lord Marlesford: asked Her Majesty's Government:
	Further to the Written Answer by Baroness Scotland of Asthal on 28 May 2002 (WA 138), whether they will update the table to show the amount paid out for legal aid in each month, indicating for each month how much was paid out for legal aid in asylum cases.

Baroness Scotland of Asthal: The figures requested, to December 2002, are shown in the table below. The Legal Services Commission is unable to differentiate asylum from wider immigration cases but the majority of cases listed are thought to be asylum. All figures provided are provisional estimates and may be subject to year-end adjustments.
	The reason for the increased legal aid expenditure is that the number of asylum cases processed has substantially increased. Bills are paid after asylum applications have been processed so we are only now paying for work done in previous years.
	
		
			 Month/Year Immigration and Asylum Legal Aid Expenditure  (£ million) Total Legal Aid Expenditure (Civil and Criminal  (£ million) 
			 April 2002 13.1 160 
			 May 2002 12.4 144 
			 June 2002 12.6 147 
			 July 2002 14.0 159 
			 August 2002 14.1 163 
			 September 2002 11.8 145 
			 October 2002 16.3 182 
			 November 2002 13.9 162 
			 December 2002 14.2 152

European Commission: Accounting Framework and Systems

Lord Beaumont of Whitley: asked Her Majesty's Government:
	What steps they are taking to help ensure that the accounts of the Commission of the European Union are kept in such a way that they can be successfully audited.

Lord McIntosh of Haringey: The Government agree with the European Court of Auditors that the Commission's accounting framework and systems are in need of reform. A major instrument to achieve this is the new Financial Regulation, which came into force in January 2003 and which the UK Government played a leading role in shaping. It requires general accounts and financial statements to comply with internationally accepted accounting principles. The Commission has now submitted a timetable for implementing the reform of its accounting framework and supporting IT systems: these are to be in place by 2005 as required by the Financial Regulation. When the reforms are complete, the accounts will be on an accruals basis and contain the information on assets and liabilities, including contingent assets and liabilities for which the European Court of Auditors has called. The Government will monitor this project closely and the Commission has promised to provide member states updates of progress every six months.

VAT

Lord Pearson of Rannoch: asked Her Majesty's Government:
	Whether they intend to agree to Chapter 10 (Taxation) of the Special Arrangement obtained by Malta for her accession to the European Union; and, if so, whether that would lead to the United Kingdom imposing VAT on food and medicines by 1 January 2010.

Lord McIntosh of Haringey: The terms of Malta's accession agreement will make no difference to the UK's right to retain its zero rates. This right is enshrined in the provisions of the EC VAT Sixth Directive, which can only be altered with the unanimous agreement of all member states.

Deer Carcasses

Baroness Miller of Chilthorne Domer: asked Her Majesty's Government:
	Further to the Answer by Lord Whitty on 23 January (HL Deb, col. 880), what are the technological and operational impediments to the tagging of deer carcasses.

Lord Whitty: There are already requirements in place which provide for the identification of deer before they are moved on to or off any premises. Identification should be carried out using an eartag that contains the official herd mark or the British Deer Farmers' Association registered mark. No carcass of any deer, other than wild deer, shall be moved off any premises unless it is identified.

English Rural Development Programme

Baroness Byford: asked Her Majesty's Government:
	Further to the Written Answers by the Secretary of State for Environment, Food and Rural Affairs on 13 January (HC Deb 375 76W), why the totals of modulation receipts in England given in the columns in the table at the top of the page do not correspond to the totals given further down the page.

Lord Whitty: The first table shows the payments which have been made to eligible beneficiaries within the English Rural Development Programme, and which have been funded from the modulation receipts previously collected. The second table shows the total and projected amounts of modulation receipts collected.
	By its nature, modulation generates receipts for the member state in advance of expenditure being made. Funds collected through modulation will, however, be spent before the deadline for their use, together with an equivalent sum in national match-funding, in order to deliver environmental benefits through the agri-environment schemes.
	
		
			  2001–02 2002–03 (April to November 2002) 2002–03 (forecast total) 
			 Scheme £ million £ million £ million 
			 Countryside  stewardship 3.4 2.2 8.6 
			 Environmentally  sensitive areas 1.3 3.5 7.6 
			 Organic farming 3.8 4.4 5.7 
			 Energy crops 0.1 0.03 0.1 
		
	
	
		
			 £ million 2001–02 2002–03 1 2002–03 2 
			 27.3 30.0 40.6

Illegal Food Imports Forum

Baroness Byford: asked Her Majesty's Government:
	Whether there has been any interim report of the work of the Illegal Food Imports Forum, particularly relating to—
	(a) risk and the critical points for taking action;
	(b) identification of the necessary enforcement measures; and
	(c) the legal powers required to support the enforcement measures; and
	whether the forum has identified any weaknesses in the rules governing imports from the European Union and from third world countries.

Lord Whitty: The Illegal Imports Forum met once in March 2002 and was attended by representatives of the agricultural, tourism, travel, catering and retail sectors. It provided an opportunity for all those with an interest in the subject of illegal imports to discuss the issues, and its deliberations contributed to the preparation of the Government's action plan. It was not, however, tasked with any follow-up action, and has not therefore produced any reports.
	Interim reports on the risk assessment undertaken by the Veterinary Laboratories Agency on behalf of Defra can be viewed on the Defra illegal imports website (http://www.defra.gov.uk/animalh/illegali). The final report on the first phase of the work—dealing with foot and mouth disease—is currently undergoing quality assurance and peer review, and will be published in the next few weeks.